Estate of Jarboe v. Jarboe
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The probate court has no power or authority to appoint a referee to hear and determine controversies pending before that court; and the stipulation signed by the parties and filed in these proceedings could not and did not confer upon said court such power and authority.
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Appeal from Carroll Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The probate court has no power or authority to appoint a referee to hear and determine controversies pending before that court; and the stipulation signed by the parties and filed in these proceedings could not and did not confer upon said court such power and authority. Hence, the judgment rendered by the probate court'upon the report of the referee was void and of no effect, and the circuit court committed error in overruling appellant’s motion to dismiss said proceedings on account of want of jurisdiction in the probate…
1Opinion of the CourtGraves, J.
This cause reaches this court from an appeal taken by O. M. Jarboe from a judgment entered against him by the circuit court of Carroll county. The cause originated in the probate court of said county and from a judgment there the said O. M. Jarboe had appealed to the circuit court. Pertinent record facts and history of the case are as follows:
M. W. Jarboe and O. M. Jarboe were partners in the milling business from 1891 to 1904, at which time the copartnership terminated by the death of M. W. Jarboe. M. W. Jarboe left as his heirs his widow and three children, i. e., O. M. Jarboe, H. W. Jarboe…
2Cases cited9 opinions
- Heckers v. FowlerSupreme Court of the United States · 1865
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Shepherd v. Shepherd's EstateMichigan Supreme Court · 1895
- Smith v. HicksSupreme Court of North Carolina · 1891
- Jeffers v. HazenSupreme Court of Vermont · 1897
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3Cited by9 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- State ex rel. Fleming v. ShackelfordSupreme Court of Missouri · 1914
- Nelson v. TrollMissouri Court of Appeals · 1913
- Peck v. Estate of FillinghamMissouri Court of Appeals · 1918
- Hess v. SandnerMissouri Court of Appeals · 1918
4 more not listed; retrieve them via the Exa API.